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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Telecommunications
Interception Bill 2009
Queensland
Telecommunications Interception Bill
2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Meaning of expressions used in Commonwealth Act. . . . . . . . . . 4
5 Objective. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Notification to and appearance of PIM
6 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 PIM must be notified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Full disclosure to PIM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9 PIM to be given further information . . . . . . . . . . . . . . . . . . . . . . . 5
10 PIM entitled to appear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
11 Confidentiality obligations not to apply . . . . . . . . . . . . . . . . . . . . . 6
12 PIM to report to Minister about noncompliance . . . . . . . . . . . . . . 7
13 Relationship of provisions of other Acts to PIM and deputy PIMs 7
Part 3 Record-keeping and related functions of eligible authorities
14 Eligible authority to keep documents connected with issue of
warrants ........................................ 8
15 Other records to be kept by eligible authority in connection with
interceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
16 Documents to be given by eligible authority to State Minister . . . 10
17 Documents to be given by State Minister to Commonwealth
Minister ......................................... 11
18 Keeping of restricted records by eligible authority . . . . . . . . . . . . 11
19 Destruction of restricted records by eligible authority. . . . . . . . . . 11
20 Commonwealth Minister and inspecting entity to inspect
restricted record before destruction . . . . . . . . . . . . . . . . . . . . . . . 12
Telecommunications Interception Bill 2009
Contents
Part 4 Functions and powers of inspecting entity for inspections
21 Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
22 General functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
23 Regular inspections of eligible authority's records . . . . . . . . . . . . 13
24 Reports to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
25 Inspecting entity may report on other contraventions. . . . . . . . . . 15
26 Inspecting entity's general powers for inspections . . . . . . . . . . . . 15
27 Inspecting entity's power to obtain relevant information . . . . . . . . 16
28 Inspecting entity to be given information and access despite
other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Dealing with information for purposes of inspection and report . . 18
30 Exchange of information between inspecting entity and
Commonwealth ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 5 Miscellaneous
31 Copies of reports for Commonwealth Minister . . . . . . . . . . . . . . . 19
32 Delegation by parliamentary commissioner . . . . . . . . . . . . . . . . . 19
33 Delegation by PIM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
34 General confidentiality provision. . . . . . . . . . . . . . . . . . . . . . . . . . 20
35 Offences relating to inspections under pt 4 . . . . . . . . . . . . . . . . . 21
36 Proceeding for offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
37 Protection from liability etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
38 Application of Judicial Review Act 1991 to decisions made
under Act ........................................ 23
39 Application of Public Records Act 2002 to particular activities
and records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
40 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Page 2
2009
A Bill
for
An Act to enhance law enforcement in Queensland by enabling
the Queensland Police Service and the Crime and Misconduct
Commission to be declared agencies under the
Telecommunications (Interception and Access) Act 1979
(Cwlth)
Telecommunications Interception Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Telecommunications Interception 4
Act 2009. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Dictionary 8
The dictionary in the schedule defines particular words used 9
in this Act. 10
4 Meaning of expressions used in Commonwealth Act 11
Unless the contrary intention appears, a word or expression 12
used in this Act that is not defined in this Act has the meaning 13
given by the Commonwealth Act. 14
5 Objective 15
(1) The main objective of this Act is to enable the use by the 16
police service and the CMC of telecommunications 17
interception as a tool for the investigation of serious offences. 18
(2) The main objective is to be achieved by establishing a 19
recording, reporting and inspection regime required under the 20
Commonwealth Act for the Commonwealth Minister to be 21
able to declare the police service and the CMC to be agencies 22
under the Commonwealth Act. 23
Page 4
Telecommunications Interception Bill 2009
Part 2 Notification to and appearance of PIM
[s 6]
Part 2 Notification to and appearance 1
of PIM 2
6 Application of pt 2 3
This part applies if an officer of an eligible authority intends 4
to apply under the Commonwealth Act for a part 2-5 warrant. 5
7 PIM must be notified 6
(1) The officer must notify the PIM of the application under 7
arrangements decided by the PIM. 8
(2) If the officer intends to make the application in writing, the 9
officer must give the PIM-- 10
(a) a copy of the written application; and 11
(b) a copy of the affidavit required under section 42 of the 12
Commonwealth Act to accompany the written 13
application. 14
(3) If the officer intends to make the application by telephone, the 15
officer must give the PIM the information required under 16
section 43 of the Commonwealth Act to be given on a 17
telephone application. 18
8 Full disclosure to PIM 19
The officer must also fully disclose to the PIM all matters of 20
which the officer is aware, both favourable and adverse to the 21
issuing of the warrant. 22
9 PIM to be given further information 23
If further information is required under section 44 of the 24
Commonwealth Act to be given to the eligible Judge or 25
nominated AAT member in connection with the application, 26
the officer must also give the PIM the information. 27
Page 5
Telecommunications Interception Bill 2009
Part 2 Notification to and appearance of PIM
[s 10]
10 PIM entitled to appear 1
(1) The PIM is entitled to appear at the hearing of the application 2
to test the validity of the application and, for that purpose at 3
the hearing, to-- 4
(a) ask questions of any person giving information to the 5
eligible Judge or nominated AAT member; and 6
(b) make submissions to the eligible Judge or nominated 7
AAT member about the following matters-- 8
(i) in relation to an application for a warrant in 9
relation to a telecommunications service--the 10
matters mentioned in section 46(2)(a) to (f) of the 11
Commonwealth Act; 12
(ii) in relation to an application for a warrant in 13
relation to a person--the matters mentioned in 14
section 46A(2)(a) to (f) of the Commonwealth Act. 15
(2) Without limiting subsection (1), the PIM is entitled to make 16
submissions to the eligible Judge or nominated AAT member 17
in the presence of the eligible Judge or nominated AAT 18
member, or by phone, fax, email or any other reasonable way. 19
(3) As soon as practicable after the application is heard, the PIM 20
must return to the officer any documents given by the officer 21
to the PIM under section 7, 8 or 9 in relation to the 22
application. 23
11 Confidentiality obligations not to apply 24
(1) This section applies to-- 25
(a) an officer of an eligible authority; and 26
(b) a person mentioned in section 10(1)(a). 27
(2) An obligation to maintain secrecy in relation to, or that 28
otherwise restricts, the disclosure of information or the 29
production of documents in the possession of the person, 30
whether imposed under an Act or by a rule of law, does not 31
apply to the disclosure of information or the production of a 32
document under this part. 33
Page 6
Telecommunications Interception Bill 2009
Part 2 Notification to and appearance of PIM
[s 12]
12 PIM to report to Minister about noncompliance 1
(1) Whenever the PIM considers it appropriate, the PIM may give 2
the Minister a report on noncompliance by an eligible 3
authority with this Act or the Commonwealth Act. 4
(2) The report must not contain information mentioned in section 5
63 of the Commonwealth Act. 6
(3) The PIM must give a copy of the report to-- 7
(a) if the eligible authority is the CMC--the parliamentary 8
commissioner and the parliamentary committee; or 9
(b) if the eligible authority is the police service--the Police 10
Minister. 11
13 Relationship of provisions of other Acts to PIM and 12
deputy PIMs 13
(1) The Police Powers and Responsibilities Act 2000, section 740 14
and the Crime and Misconduct Act 2001, section 324 provide 15
for the appointment of a PIM and 1 or more deputy PIMs 16
(each an appointment provision of an appointment Act). 17
(2) However, despite the functions and powers of a PIM or deputy 18
PIM mentioned in an appointment provision or any other 19
provision of an appointment Act-- 20
(a) the functions and powers do not apply for the purposes 21
of this Act; and 22
(b) the PIM and deputy PIM have instead the functions or 23
powers conferred by this Act. 24
Page 7
Telecommunications Interception Bill 2009
Part 3 Record-keeping and related functions of eligible authorities
[s 14]
Part 3 Record-keeping and related 1
functions of eligible authorities 2
14 Eligible authority to keep documents connected with 3
issue of warrants 4
The chief officer of an eligible authority must cause the 5
following to be kept in the authority's records-- 6
(a) each approval to exercise the authority conferred by 7
warrants given under section 55(3) of the 8
Commonwealth Act; 9
(b) each appointment of an officer of the eligible authority 10
to be an approving officer made under section 55(4) of 11
the Commonwealth Act; 12
(c) each warrant issued to the authority; 13
(d) a copy of each document, other than a document 14
mentioned in section 10(3), given by the PIM to an 15
officer of the eligible authority under part 2; 16
(e) a copy of each notification given to the secretary of the 17
Commonwealth department under section 59A(2) of the 18
Commonwealth Act; 19
(f) each instrument revoking a warrant; 20
(g) a copy of each certificate issued under section 61(4) of 21
the Commonwealth Act by a certifying officer of the 22
authority; 23
(h) each authorisation by the chief officer under section 24
66(2) of the Commonwealth Act. 25
15 Other records to be kept by eligible authority in 26
connection with interceptions 27
(1) The chief officer of an eligible authority must cause to be 28
recorded in writing-- 29
Page 8
Telecommunications Interception Bill 2009
Part 3 Record-keeping and related functions of eligible authorities
[s 15]
(a) particulars of each telephone application for a part 2-5 1
warrant made by the authority, including, for example, 2
particulars of-- 3
(i) the information given to the eligible Judge or 4
nominated AAT member on the application; and 5
(ii) the further information, if any, required by the 6
eligible Judge or nominated AAT member to be 7
given in connection with the application; and 8
(b) for each application by the authority for a part 2-5 9
warrant, a statement as to whether-- 10
(i) the application was withdrawn or refused; or 11
(ii) a warrant was issued on the application; and 12
(c) for each part 2-5 warrant whose authority is exercised 13
by the eligible authority, particulars of-- 14
(i) the warrant; and 15
(ii) the day and time each interception under the 16
warrant began; and 17
(iii) how long each interception lasted; and 18
(iv) the name of the person who carried out each 19
interception; and 20
(v) for a named person warrant--each service to or 21
from which communications have been intercepted 22
under the warrant; and 23
(d) for each restricted record that has at any time been in the 24
authority's possession, particulars of-- 25
(i) if the restricted record is a record obtained by an 26
interception under a warrant issued to the 27
authority--that warrant; and 28
(ii) each occasion when the restricted record came, 29
whether by its making or otherwise, to be in the 30
authority's possession; and 31
Page 9
Telecommunications Interception Bill 2009
Part 3 Record-keeping and related functions of eligible authorities
[s 16]
(iii) each occasion, if any, when the restricted record 1
stopped, whether by its destruction or otherwise, 2
being in the authority's possession; and 3
(iv) each other agency or other body, if any, from or to 4
which, or other person, if any, from or to whom, 5
the authority received or supplied the restricted 6
record; and 7
(e) particulars of each use made by the authority of lawfully 8
intercepted information; and 9
(f) particulars of each communication by an officer of the 10
authority to a person or body other than an officer of the 11
authority of lawfully intercepted information; and 12
(g) particulars of each occasion when, to the knowledge of 13
an officer of the authority, lawfully intercepted 14
information was given in evidence in a relevant 15
proceeding in relation to the authority. 16
(2) The record must be made as soon as practicable after the 17
happening of the events to which the particulars relate or the 18
statement relates. 19
(3) If a part 2-5 warrant is a named person warrant, the particulars 20
mentioned in subsection (1)(c)(ii) must indicate the service in 21
relation to which each interception happened. 22
(4) The chief officer of an eligible authority must cause to be kept 23
in the authority's records each record that the chief officer has 24
caused to be made under this section. 25
16 Documents to be given by eligible authority to State 26
Minister 27
The chief officer of an eligible authority must give the 28
Minister-- 29
(a) within 3 months after a warrant issued to the authority 30
stops being in force, a written report about-- 31
(i) the use made by the authority of information 32
obtained by interceptions under the warrant; and 33
Page 10
Telecommunications Interception Bill 2009
Part 3 Record-keeping and related functions of eligible authorities
[s 17]
(ii) the communication of that information to persons 1
other than officers of the authority; and 2
(b) as soon as practicable, and in any event within 3 months 3
after each 30 June, a written report that sets out the 4
information that-- 5
(i) part 2-8, division 2 of the Commonwealth Act 6
requires to be set out in the Commonwealth 7
Minister's report under part 2-8, division 2 for the 8
year ending on that 30 June; and 9
(ii) can be derived from the authority's records. 10
17 Documents to be given by State Minister to 11
Commonwealth Minister 12
(1) The Minister must give the Commonwealth Minister a copy of 13
a report mentioned in section 16(a) or (b). 14
(2) The copy of the report must be given to the Commonwealth 15
Minister as soon as practicable after it is given to the Minister. 16
18 Keeping of restricted records by eligible authority 17
The chief officer of an eligible authority must cause a 18
restricted record in the possession of the authority to be kept, 19
other than when it is being otherwise dealt with under the 20
Commonwealth Act and this Act, in a secure place where it is 21
not accessible to persons other than persons who are entitled 22
to deal with it. 23
19 Destruction of restricted records by eligible authority 24
(1) Subject to section 20, the chief officer of an eligible authority 25
must cause a restricted record of a type mentioned in section 26
18 to be destroyed immediately if the chief officer is satisfied 27
the restricted record is not likely to be required for a permitted 28
purpose in relation to the eligible authority. 29
(2) For subsection (1), a permitted purpose does not include a 30
purpose connected with-- 31
Page 11
Telecommunications Interception Bill 2009
Part 4 Functions and powers of inspecting entity for inspections
[s 20]
(a) an inspection of a type mentioned in section 22(1)(a); or 1
(b) a report on an inspection of a type mentioned in section 2
22(1)(a). 3
20 Commonwealth Minister and inspecting entity to inspect 4
restricted record before destruction 5
The chief officer of an eligible authority must not cause a 6
restricted record to be destroyed under section 19 unless-- 7
(a) the chief officer has received from the secretary of the 8
Commonwealth department written notice that the entry 9
in the general register relating to the warrant under 10
which the restricted record was obtained has been 11
inspected by the Commonwealth Minister; and 12
(b) the chief officer first-- 13
(i) notifies the eligible authority's inspecting entity 14
that the chief officer intends to destroy the record; 15
and 16
(ii) gives the inspecting entity the opportunity to 17
inspect the record. 18
Part 4 Functions and powers of 19
inspecting entity for 20
inspections 21
21 Definition for pt 4 22
In this part-- 23
officer, of an eligible authority, includes a person employed 24
by or engaged in the authority. 25
Page 12
Telecommunications Interception Bill 2009
Part 4 Functions and powers of inspecting entity for inspections
[s 22]
22 General functions and powers 1
(1) An eligible authority's inspecting entity-- 2
(a) must inspect the eligible authority's records as required 3
under section 23 to ascertain the extent of compliance 4
by the authority's officers with sections 14 to 16 and 18 5
to 20; and 6
(b) must report in writing to the Minister about the results 7
of the inspections; and 8
(c) may do anything necessary or convenient for the 9
performance of the functions mentioned in paragraphs 10
(a) and (b). 11
(2) However, a person who performs a function or exercises a 12
power under part 2 in relation to a particular application by an 13
eligible authority for a warrant must not undertake an 14
inspection of the eligible authority's records for the purpose 15
mentioned in subsection (1)(a) in relation to a record of the 16
eligible authority that relates to the application. 17
(3) If the PIM is unable, under subsection (2), to undertake an 18
inspection of the eligible authority's records in relation to a 19
record of the eligible authority that relates to a particular 20
application, the inspection must be undertaken by a deputy 21
PIM nominated by the PIM and for the purposes of the 22
inspection-- 23
(a) the deputy PIM is not acting under a delegation of the 24
PIM; and 25
(b) the deputy PIM is taken to be the inspecting entity. 26
(4) A deputy PIM must, if asked by a person affected by the 27
exercise of a power by the deputy PIM under this part, 28
produce the instrument of nomination, or a copy of the 29
instrument, for the person's inspection. 30
23 Regular inspections of eligible authority's records 31
(1) The inspecting entity must inspect the eligible authority's 32
records at least once before the end of the financial year in 33
which the eligible authority is declared to be an agency under 34
Page 13
Telecommunications Interception Bill 2009
Part 4 Functions and powers of inspecting entity for inspections
[s 24]
the Commonwealth Act to find out the extent to which the 1
authority's officers have complied with sections 14 to 16 and 2
18 to 20 since the commencement of this Act. 3
(2) After the financial year mentioned in subsection (1), the 4
inspecting entity must inspect the eligible authority's records 5
at least twice during each financial year to find out the extent 6
to which the authority's officers have complied with sections 7
14 to 16 and 18 to 20 since the inspecting entity last inspected 8
the authority's records under this part. 9
(3) The inspecting entity may at any time inspect the eligible 10
authority's records to find out the extent to which the 11
authority's officers have complied with sections 14 to 16 and 12
18 to 20 during any period. 13
24 Reports to Minister 14
(1) The inspecting entity, as soon as practicable, and in any event 15
within 3 months after the end of each financial year, must 16
report to the Minister in writing, in relation to the eligible 17
authority, about the results of an inspection under section 23 18
of the authority's records to find out the extent to which the 19
authority's officers have complied with sections 14, 15, 18 20
and 19. 21
(2) The inspecting entity must include in each report under 22
subsection (1) in relation to a financial year-- 23
(a) a summary of the inspections conducted in the financial 24
year under section 23; and 25
(b) particulars of any deficiencies identified that impact on 26
the integrity of the telecommunications interception 27
regime established by the Commonwealth Act; and 28
(c) particulars of the remedial action, if any, taken or 29
proposed to be taken to address those deficiencies. 30
Note-- 31
In complying with this section, the inspecting entity remains 32
bound by the obligations imposed by section 63 of the 33
Commonwealth Act relating to disclosure of intercepted 34
information or interception warrant information. 35
Page 14
Telecommunications Interception Bill 2009
Part 4 Functions and powers of inspecting entity for inspections
[s 25]
(3) The inspecting entity may report to the Minister in writing at 1
any time about the results of an inspection under this part and 2
must do so if requested by the Minister. 3
(4) The inspecting entity must give the information in a report 4
mentioned in subsection (1) or (3), other than information 5
mentioned in section 63 of the Commonwealth Act, to-- 6
(a) the chief officer of the eligible authority; and 7
(b) if the eligible authority is the CMC--the parliamentary 8
committee; and 9
(c) if the eligible authority is the police service--the Police 10
Minister. 11
25 Inspecting entity may report on other contraventions 12
(1) If, because of an inspection under this part of an eligible 13
authority's records, the inspecting entity considers an officer 14
of the authority has contravened the Commonwealth Act or 15
that the chief officer of the authority has contravened section 16
16 or 20 of this Act, the inspecting entity may include a report 17
on the contravention in the report on the inspection. 18
(2) However, before making a report on the contravention, the 19
inspecting entity must give the chief officer of the eligible 20
authority an opportunity to make comments in writing on the 21
report and must include in the report any comments made. 22
26 Inspecting entity's general powers for inspections 23
(1) For an inspection under this part of an eligible authority's 24
records, the inspecting entity-- 25
(a) may, after notifying the chief officer of the authority, 26
enter at any reasonable time premises occupied by the 27
authority; and 28
(b) is entitled to have full and free access at all reasonable 29
times to all records of the authority; and 30
(c) despite any other law, may make copies of, and take 31
extracts from, records of the authority; and 32
Page 15
Telecommunications Interception Bill 2009
Part 4 Functions and powers of inspecting entity for inspections
[s 27]
(d) may require an officer of the authority to give the 1
inspecting entity the information the inspecting entity 2
considers necessary, being information that is in the 3
officer's possession, or to which the officer has access, 4
and that is relevant to the inspection. 5
(2) The chief officer of the eligible authority must ensure that the 6
authority's officers give the inspecting entity the help in 7
connection with the performance of the inspecting entity's 8
functions under this part that the inspecting entity reasonably 9
requires. 10
27 Inspecting entity's power to obtain relevant information 11
(1) Subsections (2) and (3) apply if the inspecting entity has 12
reason to believe that an officer of the eligible authority is able 13
to give information relevant to an inspection under this part of 14
the eligible authority's records. 15
(2) The inspecting entity may, by writing given to the officer, 16
require the officer to give the information to the inspecting 17
entity-- 18
(a) by writing signed by the officer; and 19
(b) at a stated place and within a stated period. 20
(3) The inspecting entity may, by writing given to the officer, 21
require the officer to attend-- 22
(a) before the inspecting entity; and 23
(b) at a stated place; and 24
(c) within a stated period or at a stated time on a stated day; 25
to answer questions relevant to the inspection. 26
(4) Subsection (5) applies if the inspecting entity has reason to 27
believe that an officer of the eligible authority is able to give 28
information relevant to an inspection under this part of the 29
eligible authority's records but the inspecting entity does not 30
know the officer's identity. 31
Page 16
Telecommunications Interception Bill 2009
Part 4 Functions and powers of inspecting entity for inspections
[s 28]
(5) The inspecting entity may, by writing given to the chief officer 1
of the authority, require the chief officer, or a person 2
nominated by the chief officer, to attend-- 3
(a) before the inspecting entity; and 4
(b) at a stated place; and 5
(c) within a stated period or at a stated time on a stated day; 6
to answer questions relevant to the inspection. 7
(6) The place, the period or the time and day, stated in a 8
requirement under this section must be reasonable, having 9
regard to the circumstances in which the requirement is made. 10
28 Inspecting entity to be given information and access 11
despite other laws 12
(1) Despite any other law, a person is not excused from giving 13
information, answering a question, or giving access to a 14
document, as and when required under this part, on the ground 15
that giving the information, answering the question, or giving 16
access to the document-- 17
(a) would contravene a law; or 18
(b) would be contrary to the public interest; or 19
(c) might tend to incriminate the person or make the person 20
liable for a penalty. 21
(2) However-- 22
(a) the information, the answer, or the fact that the person 23
has given access to the document; and 24
(b) any information or thing, including a document, 25
obtained as a direct or indirect consequence of giving 26
the information, answering the question or giving access 27
to the document; 28
is not admissible in evidence against the person other than in a 29
prosecution for an offence against section 35. 30
(3) Nothing in any other law prevents an officer of an eligible 31
authority from-- 32
Page 17
Telecommunications Interception Bill 2009
Part 4 Functions and powers of inspecting entity for inspections
[s 29]
(a) giving information to the inspecting entity, whether 1
orally or in writing and whether or not in answer to a 2
question; or 3
(b) giving the inspecting entity access to a record of the 4
authority; 5
for an inspection under this part of the authority's records. 6
(4) Nothing in any other law prevents an officer of an eligible 7
authority from making a record of information, or causing a 8
record of information to be made, for the purposes of giving 9
the information to a person as permitted by subsection (3). 10
29 Dealing with information for purposes of inspection and 11
report 12
If-- 13
(a) information is given to the inspecting entity, as 14
permitted by section 28(3) or this section, for an 15
inspection, or for a report on an inspection, under this 16
part of an eligible authority's records; or 17
(b) the inspecting entity obtains information because of 18
being given access to a record of the eligible authority, 19
as permitted by section 28(3), for an inspection under 20
this part of an authority's records; 21
the inspecting entity may, despite any other law, give to 22
another inspecting entity, make use of, or make a record of, 23
the information for an inspection, or for a report on an 24
inspection, under this part of the authority's records. 25
30 Exchange of information between inspecting entity and 26
Commonwealth ombudsman 27
(1) The inspecting entity may give the Commonwealth 28
ombudsman information that-- 29
(a) relates to a Commonwealth agency; and 30
(b) was obtained by the inspecting entity under this Act. 31
Page 18
Telecommunications Interception Bill 2009
Part 5 Miscellaneous
[s 31]
(2) The inspecting entity may give information to the 1
Commonwealth ombudsman under subsection (1) only if the 2
inspecting entity is satisfied the giving of the information is 3
necessary to enable the ombudsman to perform the 4
ombudsman's functions in relation to the Commonwealth 5
agency. 6
(3) The inspecting entity may receive from the Commonwealth 7
ombudsman information relevant to the performance of the 8
inspecting entity's functions under this Act. 9
Part 5 Miscellaneous 10
31 Copies of reports for Commonwealth Minister 11
As soon as practicable after a report is given to the Minister 12
under section 24(1), the Minister must give the 13
Commonwealth Minister a copy of the report. 14
32 Delegation by parliamentary commissioner 15
(1) The parliamentary commissioner may delegate any of the 16
parliamentary commissioner's powers under this Act to a legal 17
practitioner engaged by the Speaker under the Crime and 18
Misconduct Act 2001, section 315(2). 19
(2) A delegate must, if asked by a person affected by the exercise 20
of a power delegated to the delegate, produce the instrument 21
of delegation, or a copy of the instrument, for the person's 22
inspection. 23
(3) To remove any doubt, and without limiting the power of the 24
parliamentary commissioner to delegate under this section, a 25
reference in sections 27(3)(a) and (5)(a), 28(3) and 29 to the 26
parliamentary commissioner includes a reference to a legal 27
practitioner acting under a delegation. 28
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Telecommunications Interception Bill 2009
Part 5 Miscellaneous
[s 33]
33 Delegation by PIM 1
(1) The PIM may delegate to a deputy PIM any of the PIM's 2
powers under this Act, other than a power to report to the 3
Minister. 4
(2) A delegate must, if asked by a person affected by the exercise 5
of a power delegated to the delegate, produce the instrument 6
of delegation, or a copy of the instrument, for the person's 7
inspection. 8
(3) To remove any doubt, and without limiting the power of the 9
PIM to delegate under this section, a reference in sections 10
14(d), 27(3)(a) and (5)(a), 28(3) and 29 to the PIM includes a 11
reference to a deputy PIM acting under a delegation. 12
(4) This section is subject to section 22(3). 13
34 General confidentiality provision 14
(1) A person must not disclose any information or record 15
obtained by the person because he or she is or was engaged in 16
the administration of this Act, unless the disclosure is made-- 17
(a) under the Commonwealth Act; or 18
(b) for the discharge of the person's functions under this 19
Act; or 20
(c) to the PIM for the discharge of the PIM's functions 21
under part 2; or 22
(d) to an inspecting entity for the discharge of the inspecting 23
entity's functions under part 4. 24
Maximum penalty--100 penalty units or 2 years 25
imprisonment. 26
Note-- 27
See also sections 63 (No dealing in intercepted information or 28
interception warrant information) and 105 (Contravention of section 7 29
or 63) of the Commonwealth Act. 30
(2) Subsection (1) applies despite the provisions of another Act 31
that may allow a person to disclose the information or a record 32
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Telecommunications Interception Bill 2009
Part 5 Miscellaneous
[s 35]
obtained by the person because he or she is or was engaged in 1
the administration of the other Act. 2
(3) Subsection (1) does not apply to information received-- 3
(a) from the PIM under section 12; or 4
(b) from an inspecting entity under section 24(4). 5
(4) In this section-- 6
disclose, in relation to any information or record, includes 7
communicate to another person, make use of, make a record 8
of, or give in evidence in a proceeding. 9
35 Offences relating to inspections under pt 4 10
(1) A person must not, without reasonable excuse, refuse or fail to 11
do any of the following when required to do so under section 12
27-- 13
(a) attend before a person; 14
(b) give information; 15
(c) answer a question. 16
Maximum penalty--20 penalty units or 6 months 17
imprisonment. 18
(2) A person must not-- 19
(a) without reasonable excuse, wilfully obstruct a person in 20
connection with the exercise of the inspecting entity's 21
functions under part 4; or 22
(b) give the inspecting entity, in connection with an 23
inspection under part 4, information or a statement that 24
the person knows to be false or misleading in a material 25
particular. 26
Maximum penalty--20 penalty units or 6 months 27
imprisonment. 28
(3) A complaint for an offence against subsection (2)(b) may state 29
that information or a statement was `false or misleading', 30
without stating which. 31
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Telecommunications Interception Bill 2009
Part 5 Miscellaneous
[s 36]
36 Proceeding for offence 1
(1) A proceeding for an offence against this Act must be taken in 2
a summary way under the Justices Act 1886. 3
(2) A proceeding may be started within-- 4
(a) 1 year after the offence is committed; or 5
(b) 1 year after the offence comes to the complainant's 6
knowledge, but within 2 years after the offence is 7
committed. 8
37 Protection from liability etc. 9
(1) This section applies to the following persons-- 10
(a) the PIM; 11
(b) a deputy PIM; 12
(c) a parliamentary commissioner officer; 13
(d) a legal practitioner mentioned in section 32(1). 14
(2) The person does not incur civil liability for an act done, or 15
omission made, honestly and without negligence under this 16
Act. 17
(3) If subsection (2) prevents a civil liability attaching to a person, 18
the liability instead attaches to the State. 19
(4) The person may not be called to give evidence or produce any 20
document in any court, or in any judicial proceedings, in 21
relation to any matter coming to the person's knowledge while 22
performing functions under this Act. 23
(5) In this section-- 24
parliamentary commissioner officer means-- 25
(a) the parliamentary commissioner; or 26
(b) an officer or employee of the parliamentary service 27
assigned to the parliamentary commissioner; or 28
(c) a person engaged to provide the parliamentary 29
commissioner with services, information or advice. 30
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Part 5 Miscellaneous
[s 38]
38 Application of Judicial Review Act 1991 to decisions 1
made under Act 2
(1) The Judicial Review Act 1991 does not apply to a decision 3
made, or purportedly made, under this Act. 4
(2) Nothing in subsection (1) affects the Judicial Review Act 5
1991, section 41 or 42. 6
(3) In this section-- 7
decision includes a decision affected by jurisdictional error. 8
39 Application of Public Records Act 2002 to particular 9
activities and records 10
The Public Records Act 2002 does not apply to an activity or a 11
record under parts 2 to 4 or section 31. 12
40 Regulation-making power 13
The Governor in Council may make regulations under this 14
Act. 15
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Telecommunications Interception Bill 2009
Schedule
Schedule Dictionary 1
section 3 2
Editor's note-- 3
See section 4 (Meaning of expressions used in Commonwealth Act). 4
chief officer, of an eligible authority, means-- 5
(a) for the CMC--the chairperson of the commission; or 6
(b) for the police service--the police commissioner. 7
CMC means the Crime and Misconduct Commission. 8
Commonwealth Act means the Telecommunications 9
(Interception and Access) Act 1979 (Cwlth). 10
Commonwealth Minister means the Minister administering 11
the Commonwealth Act. 12
deputy PIM means a person appointed as a deputy public 13
interest monitor under-- 14
(a) the Police Powers and Responsibilities Act 2000; or 15
(b) the Crime and Misconduct Act 2001. 16
eligible authority means-- 17
(a) the CMC; or 18
(b) the police service. 19
inspecting entity, for an eligible authority, means-- 20
(a) for the CMC--the parliamentary commissioner; or 21
(b) for the police service--the PIM. 22
in the possession of, in relation to a document, record or copy, 23
includes in the custody or under the control of. 24
lawfully intercepted information means lawfully intercepted 25
information under section 6E of the Commonwealth Act. 26
obstruct includes the following-- 27
(a) hinder or resist; 28
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Telecommunications Interception Bill 2009
Schedule
(b) attempt to obstruct. 1
officer, of an eligible authority, means-- 2
(a) generally-- 3
(i) for the CMC--a commission officer under the 4
Crime and Misconduct Act 2001; or 5
(ii) for the police service--a police officer; or 6
(b) for part 4--see section 21. 7
parliamentary commissioner means the parliamentary 8
commissioner under the Crime and Misconduct Act 2001. 9
parliamentary committee means the Parliamentary Crime and 10
Misconduct Committee of the Legislative Assembly under the 11
Crime and Misconduct Act 2001. 12
part 2-5 warrant means a warrant issued under part 2-5 of the 13
Commonwealth Act. 14
PIM means the public interest monitor. 15
police commissioner means the commissioner of the police 16
service under the Police Service Administration Act 1990. 17
Police Minister means the minister administering the Police 18
Service Administration Act 1990. 19
police service means the Queensland Police Service. 20
possession includes the following-- 21
(a) custody; 22
(b) control. 23
premises see section 5 of the Commonwealth Act. 24
Editor's note-- 25
Under section 5 of the Commonwealth Act-- 26
premises includes-- 27
(a) any land; 28
(b) any structure, building, aircraft, vehicle, vessel or place (whether 29
built on or not); and 30
(c) any part of such a structure, building, aircraft, vehicle, vessel or 31
place. 32
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Telecommunications Interception Bill 2009
Schedule
public interest monitor means the person appointed as the 1
public interest monitor under-- 2
(a) the Police Powers and Responsibilities Act 2000; or 3
(b) the Crime and Misconduct Act 2001. 4
record see section 5 of the Commonwealth Act. 5
Editor's note-- 6
Under section 5 of the Commonwealth Act-- 7
record means-- 8
(a) in relation to information--a record or copy, whether in writing or 9
otherwise, of the whole or a part of the information; or 10
(b) in relation to an interception, whether or not in contravention of 11
subsection 7(1), of a communication-- 12
(i) a record or copy, whether in writing or otherwise, of the whole 13
or a part of the communication, being a record or copy made 14
by means of the interception; or 15
(ii) a record or copy, whether in writing or otherwise, of the whole 16
or a part of a record or copy that is, by virtue of any other 17
application or applications of this definition, a record obtained 18
by the interception. 19
relevant proceeding means a relevant proceeding under 20
section 6L of the Commonwealth Act. 21
serious offence means a serious offence under section 5D of 22
the Commonwealth Act. 23
warrant means a warrant issued under the Commonwealth 24
Act. 25
© State of Queensland 2009
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